INDIAN LAW COMMISSION ON ELECTORAL

REFORMS : PAID NEWS, OPINION POLL

Sections 126 of R.P. Act 1951prohibits display of any election

matter by means of cinematograph, television or other
similar apparatus, in any polling area during the period of 48
hours ending with the hour fixed for the conclusion of the
poll.
Section 126A of the R.P. Act 1951prohibits exit poll and
dissemination the result of any exit poll during such period as
may be notified by the ECI
Section 127A of R.P. Act 1951 prohibits printing or publishing
any election pamphlet or poster which does not bear on its
face the names and addresses of the printer and the
publisher thereof.
Indian Penal Code 171H - Whoever without the authority in
writing of a candidate shall be punished
Section 10A of R.P. Act 1951 disqualifies a candidate for
failure to lodge account of election expenses within the time
and in the manner required under this Act

District MCMC chaired by DEO

Addl/Jt CEO level Committee at
State Capital
State MCMC chaired by CEO

Certification of
Advertisements
Checking violations of legal
provisions regarding
advertisements
Check on Paid News

Previewing, scrutinizing and verifying

all advertisements by political parties,
political parties and all organizations /
group of person/ associations having
their HQs/ registered offices in State/UT
before it is inserted in the electronic
media.
Refer circular No. 509/75/2004/JS-1 dated 15th April, 2004
consequent upon order of the Honble Supreme Court of
India in SLP No. 6679/2004. (Ministry of Information and
Broadcasting vs. M/s Gemini TV Pvt. Ltd and Others)

Deciding on appeals against District MCMC

and Addl/Jt CEO Committee on certification of
advertisement for electronic media
Deciding on appeals against District MCMC on
Paid News cases
If cases of paid news are sent directly to
State MCMC, it may refer it to the concerned
District MCMC

Appeal against decision of District MCMCs on

certification of advertisements and paid
news cases will be at State MCMC
Appeal against decision of Addl/Jt CEO level
Committee on certification of
advertisements will be at State level MCMC
Appeal against decision of State MCMC shall
be at ECI

in electronic media - for checking if the

telecast/broadcast has been done only
after certification by the Committee
in other media, in relation to
candidates, either overt or covert, from
expenditure monitoring angle (this will
also include publicity or advertisement
or appeal by, or on behalf of candidate,
or by star campaigner(s) or others, to
impact candidates electoral prospects)

in print media - MCMC shall check if the advertisement is

with the consent or knowledge of candidate: in which
case it will be accounted for in the election expenses of
the candidate(s);
Checking if the name and address of the publisher and
the printer is carried on any election pamphlet, poster,
hand bill and other document as required under section
127A of R.P.A 1951 (if any printed material does not bear
on its face the names and addresses of the printer or the
publisher, MCMC shall bring it to the notice of the RO for
further necessary action; For the purpose of section 127
of RPA 1951, paid news would also fall in the
category of other document)

Press Council of India definition - Any news or

analysis appearing in any media (Print &
Electronic) for a price in cash or kind as
consideration.
PCI guidelines also say- news should be
clearly demarcated from advertisements by
printing disclaimers, should be strictly
enforced by all publications. As far as news is
concerned, it must always carry a credit line
and should be set in a typeface that would
distinguish it from advertisements.

Paid News misleads the public and hampers

the ability of people to form correct
opinions.

Paid News causes undue influence on voters

and also affects their Right to Information.

Paid News seeks to circumvent election

expenditure laws/ ceiling
It also vitiates the principle of level playing
field among candidates

District Media Certification and

Monitoring Committee - role
The Committee will scrutinise all media within its region
of jurisdiction to identify political advertisement in the
garb of news.
District MCMC shall also actively consider paid news
cases referred to it by the Expenditure Observers.
District MCMC shall intimate the Returning Officer for issue of
notices to candidates for inclusion of actual expenditure on the
published matter in their election expenses account
or notional expenditure based on DIPR rates in their election
expenses account irrespective of whether the candidate actually
has paid or not paid any amount to the channel/newspaper.
A copy of the notice shall also be marked to Expenditure
Observer)

District Media Certification and

Monitoring Committee - role

On reference from District MCMC, RO shall give notice to

the candidates within 96 hrs of publication/ broadcast/
telecast/receipt of complaint to explain why expenditure
should not be added to the candidates expenditure.

District MCMC shall decide on the reply expeditiously

and convey to the Candidate/Party its final decision.

In case no reply is received by District MCMC from the

candidate within 48 hrs of serving of notice, the decision
of MCMC will be final.

If decision of District level MCMC is not acceptable to the

candidate, he/she may appeal to State level MCMC
within 48 hrs of receipt of decision, with information to
the District MCMC.

The State level MCMC shall dispose of the

appeal case within 96 hrs of receipt of appeal
and convey the decision to the Candidate
with a copy to District MCMC.

The Candidate may appeal against the

decision of State MCMC to ECI within 48 hrs of
receiving of order from the State MCMC. The
decision of ECI shall be final.

District Collectors have been instructed to take

meeting with Political Parties as well as media
houses to alert them against surrogate
advertising and Paid News and consequences
of violation.

Political parties and media houses have been

briefed and sensitized in advance at HQs.

ECI has written to Press Council of India for

support to strengthen this mechanism.

For cases finally accepted/decided as paid

news, the same shall be compiled and
forwarded by State MCMC to ECI
The paid news cases relating to print media
shall be referred by ECI to Press Council of
India for action against the concerned Media
House.
The case in electronic media shall be referred
to NBA for action against the Media House

Through enforcement of the measures against

Paid News for the first time in the Bihar Assembly
elections of 2010, Commission had served
notices in 121 cases. In the elections in Assam,
Kerala, West Bengal, Puducherry and Tamil Nadu,
over 250 notices were issued.

In the 2012 State elections, 766 complaints were

received, out of which notices were issued in 581
cases. In 253 cases the candidates included the
expenditure in their accounts, while in remianing
cases decision is being taken/ candidates have
appealed against the decision of the MCMC

Amendment in the Representation of RPA 1951,

to provide therein that publishing and abetting
the publishing of `paid news for furthering the
prospect of election of any candidate or for
prejudicially affecting the prospect of election
of any candidate be made an electoral
offence under chapter-III of Part-VII of
Representation of People Act, 1951 with
punishment of a minimum of two years
imprisonment.
Date of proposal 3rd February, 2011

There is circumstantial evidence, but little proof.

Establishing transaction of cash or kind is indeed
not very easy, as it is usually done without any
record and promptly denied by both sides, when
enquired.

When confronted with circumstantial evidence

the standard reaction of individuals candidate is
to flatly deny these allegations.

The Commission is trying to include professional

members in the Monitoring Committee to help
identify Paid News.

The Commission is coming up with Illustrations to

help MCMCs to decide on cases of paid news.

The Commission considers self regulation

by political parties, candidates and
media houses as one of the main solution
to this malaise.

The enforcement needs to be more

streamlined and the instructions would
require higher clarity.

As the Commissions intention is more

preventive rather than punitive, it is
undertaking educational campaign on
Paid News involving political parties,
media houses and other stakeholders.

Thanks